MICHAEL NICHOLAS, INC. v. ROYAL INS. CO.

No. 2-99-1337.

748 N.E.2d 786 (2001)

321 Ill. App.3d 909

255 Ill.Dec. 82

MICHAEL NICHOLAS, INC., Plaintiff-Appellant, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 3, 2001.


Attorney(s) appearing for the Case

Kurt G. Beranek, Paul A. Farahvar, Fraterrigo, Beranek, Feiereisel & Kasbohm, Chicago, for Michael Nicholas, Inc.

Robert L. Kiesler, Patti M. Deuel, Kiesler & Berman, Chicago, for Royal Insurance Company of America.


Justice O'MALLEY delivered the opinion of the court:

Plaintiff, Michael Nicholas, Inc., appeals the circuit court's order dismissing its complaint against defendant, Royal Insurance Company of America (Royal). Plaintiff contends that the court erred in determining that Royal had no duty to defend or indemnify it in an underlying action filed by Kimball Hill, Inc.

BACKGROUND

Plaintiff was a subcontractor at Willoughby Farms, a subdivision Kimball...

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